ability to assist with installing sidewalks. Mr. Silecchia asked who would maintain the sidewalks. Mr. Hirsch said it would be the same as with any other sidewalks in the municipality, the property owner. Mr. Hirsch said as long as it is in the right of way, they do not need approvals from individual home owners. Dr. Hofstein asked if they contacted the neighbor at 422 Butterfly. Dr. Hofstein said he has not been at any meetings to voice his opinion. Mr. Hirsch said he has been in contact with him and believes he does not have any comments. Mr. Hirsch said the neighbor on E Vets side, was at last meeting, and spoke favorably about the landscaping buffer. Mr. Hirsch added, there are two components, the Master Plan and Fair Share Housing element. Mr. Hirsch said the master plan recommends this intersection for commercial use. The fair share element was included as a supplemental document with the statement of operations. Mr. Hirsch said the fair share identifies this lot and block for neighborhood commercial. If the town had adopted the ordinances they would be at the Planning Board not Zoning Board. Mr. Hirsch said the council's position is that because of Pinelands, this application is not in Pinelands, they halted adopting the ordinances. Mr. Hirsch said there is a Master Plan adopted that supports reduced buffering on this application. Mr. Silecchia said, to clarify, the MP says area to review not recommended. Mr. Hirsch said he believes it states this specific lot and block. Mr. Alfieri clarified the housing element of the MP. Mr. Silecchia asked where this is in the MP. Mr. Hirsch said if they look in the housing element, the secondary book of the Master Plan, page 252-252 there is a draft AH1 ordinance. There is a table, the table was submitted with statement of operations. The table lists this block and lots. Mr. Silecchia says it is seems to be for affordable housing. Mr. Hirsch said it is for affordable housing, higher density mixed use as well as neighborhood commercial. Mr. Silecchia explained the concept under the affordable housing is to have the neighborhood commercial available for the affordable housing. Mr. Silecchia does not think they can take a piece out and ignore the rest of the piece. Mr. Hirsch advised the Board to look at the housing element and page 2, the table shows this block and lot. Sentence 3, after the table, states principal permitted use in the AH1 affordable housing overlay zone show the inclusion of the housing units. Mr. Hirsch said the policy would allow the Housing Administration to provide that 20% of the housing units are set aside and Commercial uses permitted in NC neighborhood commercial zone. Mr. Cipriani confirmed they are seeking D3 variance under the existing conditional use ordinance. Mr. Alfieri said the owner is not representing that the ordinance has changed, it is an element of the proof to support a D3 variance. Mr. Martins wanted on record that they asked about the page in the last meeting and it said draft, he also asked about the feedback the applicant had from the residents has been mostly positive. Mr. Hirsch agreed. Mr. Hirsch said the Master Plan identifies this intersection as commercial use. Mr. Silecchia said it says the intersection should be reviewed. AH page 2 of the draft ordinance this is just an element of proof to support this application. Mr. Martins confirmed that the page they are referring to says draft and it is the same page that is and only says draft because it was part of the supplement to the Master Plan. Mr. Hirsch said the Master Plan, page 62, says neighborhood commercial centers and the word recommended appears in that sentence. There is a bullet point with intersections and one of them is E Vets and Butterfly. Mr. S. Bradley stated it may say recommended but it has not been adopted. Mr. Hill wanted to discuss the sidewalk, and if they are proposing curb and sidewalk. Mr. Hirsch said they will do whatever the county requires and he believes it would match what is on the site plan. Mr. Hill pointed out that there isn't any survey or drainage review and it looks like curbing would be required, it appears there is existing drainage in the grass drainage swale along the road. Mr. Hirsch said Mr. Borden will testify to that.

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